Category: Emerging Growth Companies

What is an Emerging Growth Company? : An emerging growth company is defined as a company with total annual gross revenues of less than $1 billion. Emerging Growth Companies…

Aug232016

Smaller Reporting Companies vs. Emerging Growth Companies

ABA Journal’s 10th Annual Blawg 100

——————————————————————————————————

The topic of reporting requirements and distinctions between various categories of reporting companies has been prevalent over the past couple of years as regulators and industry insiders examine changes to the reporting requirements for all companies, and qualifications for the various categories of scaled disclosure requirements. As I’ve written about these developments, I have noticed inconsistencies in the treatment of smaller reporting companies and emerging growth companies in ways that are likely the result of poor drafting or unintended consequences. This blog summarizes two of these inconsistencies.

As a reminder, a smaller reporting company is currently defined as a company that has a public float of less than $75 million in common equity as of the last business day of its most recently completed second fiscal quarter, or if a public float of zero, has less than $50 million in annual revenues as of its most recently completed fiscal year-end. I note that